Turning off water/power

Just looking for people’s opinions on this, luckily not something I need to look at but curious. This is in a unit in WA (but also interested for other states) where the power/water is in the owner’s name. If a tenant refuses to leave after they are terminated is the owner justified (legally) in turning off the power and water (both accessible from outside building for the owner) to prevent them running up further bills for the owner.

I would think if the power in the tenants name an owner couldn’t justify turning it off but when the owner is wearing the cost??

Regarding water in WA its always in the owners name.

Cheers

 

100% no. Easy answer.

Also, water in WA isn't always in the owner's name - not sure where you got that from.

 

Since when do tenants have rights?

 

The water usage bill in WA can be sent direct to the tenant but tenant doesn't pay the water bill owner gets charged and is held liable for all usage. You are then left chasing the tenant for unpaid water. Rather crazy as tenant could turn on all taps in the house for a month before you can evict them causing you to get a water bill in the 10's of thousands if they are malicious.

 

That's why you get insurance.

 

...and you think the solution to that problem is to legally allow landlords to cut water to the premises?

 

LL insurance covers bills tenants run up? eg Water/Power?

 

Talking hypothetically here but i am curious as to what you can do to minimize non rent losses with a errant tenant. Im talking about after you have given them notice to evict and notice has expired but they havent moved (or say even after you have a court order and waited the required time). When can you take action to stop them racking up expenses in your name? Sure they tenancy laws say they have xyz rights regarding it taking ages to get rid of a problem tenant from the property but where does it say you have to allow them to continue run up bills in your name while they refuse to move out?

 

If you give a termination notice and they haven't moved out pursuant to it - that's still a lawful occupation of the property. Its important to realise that. Its not even a breach of the agreement.

After termination and vacant possession orders have been granted and the date passed by... well time to get the possession order enforced by the bailiff - doing so yourself is arguably a criminal offence under the act.

 

Im not questioning the termination process and the difficulty regaining procession of your own property, this is whole issue in itself.
Lets put it another way, power water is in owners name, they bill the tenant. Tenant doesnt pay the power bills. Owner cant stop providing power/water to someone who hasnt paid for it? Strange if not as the power company will turn off your power if you dont pay which i presume is legal. Can one get the power company to disconnect the power or just not pay the bill ones self (not the best idea but curious)?

 

Depends on what's in the pds

 

I don't think an owner is actually liable for a tenant's power bill in WA?

 

They are if the power is through the strata, strata bills owner, owner bills tenant. Strata can bill tenant but will chase owner if it doesn't get paid.

 

It is illegal to intefere with the property (utilities, locks, access etc) while the tenant has possession of it, regardless of what the situation is. By law, you need to go through mediation first, then tribunal, then through Landlord Insurances to recoup as best your losses.

 

In vic landlords pay the water rates but the tennents organises the water usage and tennent organises gas and electricity also
If they over stay you got to take them.to vcat

 

There are water suppliers and power suppliers who will cut things quick smart if bill not paid.

I am not sure how an owner would end up with the power bill in owners name, unless it was chosen, or some sort of other non usual setup ?

If the tenant is able to get own power & or water account, I would get them to do this.